Asbestos Legislation Guidance

The Asbestos Legislation and Guidance, and notes on best practice available in Ireland are:

ONE - Asbestos: The survey guide

‘Asbestos: The survey guide’ (Ref: HSG264) which was published by the Health and Safety Executive (HSE) is aimed at those who commission asbestos surveys, the surveyors who carry them out, and those who use them such as architects and demolition or removal contractors.

TWO - Safety, Health and Welfare at Work (Construction) Regulations 2006-2010 and Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006-2010

Under the Safety, Health and Welfare at Work (Construction) Regulations 2006, there is a specific requirement to identify ‘any particular risk’ including the possibility of the presence of asbestos or asbestos-containing materials in a building. The asbestos regulations require a building to be surveyed for asbestos-containing materials prior to any maintenance work or refurbishment/demolition work taking place.

THREE - Health and Safety Executive in the UK

The Health and Safety Executive in the UK have published documents, which may be regarded by the Irish Courts as ‘best practice’ or industry standards.

1. HSG 264 –Asbestos: The Surveying Guide

2. HSG227 on the Managing Asbestos in Buildings

These documents give information on how to carry out a survey for asbestos and asbestos-containing materials and how to assess the risk due to the presence of asbestos or asbestos-containing materials. They also specify the competency required to undertake surveys.

FOUR - Risk assessment process designed by HSE

The risk assessment process (also known as risk algorithms) designed by HSE, allow asbestos-containing materials to be ranked according to a Material Assessment algorithm and a Priority Assessment algorithm.Once this type of risk assessment process has been carried out by a competent person the information may be used to guide the employer in the best course of action to be taken regarding management, removal, encapsulation, etc of the asbestos-containing materials.

Your Responsibilities under the Irish Law

1. Under current legislation (Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006-2010) employers have a duty to identify any Asbestos-Containing Material before commencing demolition, building maintenance or removal works. This means when working at a third party’s workplace, employers and contractors must obtain information from the owner about Asbestos-Containing Material.

Asbestos is listed as a Particular Risk within the Safety Health and Welfare at Work (Construction) Regulations 2006-2010. As a designer or Project Supervisor for Design Process, you must establish if asbestos is likely to be present in the construction project, and ensure it is clearly identified to the contractor.

2. If there is any doubt as to the presence of ACMs, legislation requires the employer to take the necessary steps to identify the presence of Asbestos-Containing Material

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OHSS was established in 2001 as an Occupational Health and Safety consultancy. Founder Paul Foran has extensive experience in the field, both as a consultant and as a former Inspector with the Health & Safety Authority (www.hsa.ie), where he formulated policy and legislation.

Our mission is to be the leading Occupational Hygiene and Safety consultancy in Ireland, and provide reputable training

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posted on 09 February, 2018

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